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  1. Join Date
    Jul 2009
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    #41
    Quote Originally Posted by Lew_Alcindor View Post
    Nagkasagutan sila. Bumaba si gunman from the Land Cruiser. Palagay ko hindi papasa yung "felt threatened" argument. Kung threatened siya, he could have fired the gun from the inside or ran over the motorcycle.
    plus sa likod ng ulo ang tama, I don't think uubra ang threatened kung likod binaril.

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  2. Join Date
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    #42
    Quote Originally Posted by Juan Martinez View Post
    claudio teehankee jr, rolito go, antonio sanchez, and paco larraņaga were rich and influential too, but they were all convicted.

    if the private complainant would settle it, that definitely would be a problem, for what could the court and prosecution do?

    re: death penalty. there is only one issue there-- whether it will serve as a deterrent or not, not because it is against one religion's dogma or one's belief.
    uubra ba ganyan? settlement? Pano pag galit ako sa kamag anak ko. pinabaril ko, then kunwari demanda ko yung inutusan ko and he will pretend na babayaran na lang ako. lusot na?

    although I heard a news once, nasagasaan at namatay, then nag settle, walang kaso.

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  3. Join Date
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    #43
    Quote Originally Posted by BratPAQ View Post
    uubra ba ganyan? settlement? Pano pag galit ako sa kamag anak ko. pinabaril ko, then kunwari demanda ko yung inutusan ko and he will pretend na babayaran na lang ako. lusot na?

    although I heard a news once, nasagasaan at namatay, then nag settle, walang kaso.

    Sent from my SM-N910C using Tapatalk
    i think murder and homicide are different kuya, walang settlement ang murder, its people vs juan dela cruz...unlike homicide example a vehicular accdent, its different...

    Sent from my SM-G935F using Tsikot Forums mobile app

  4. Join Date
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    #44
    Quote Originally Posted by BratPAQ View Post
    uubra ba ganyan? settlement?

    although I heard a news once, nasagasaan at namatay, then nag settle, walang kaso.

    Sent from my SM-N910C using Tapatalk
    very good question.

    I.
    every person criminally liable is also civilly liable.

    the criminal liability of the killer pertains to his having violated our laws on homicide or murder, which must be prosecuted by the state or the people of the philippines. on the other hand, his civil liability arises from the delict he has done to the family of the victim which he must personally pay in terms of actual and moral damages.

    generally, his criminal liability cannot be compromised or settled because crime is an outrage against the people of the philippines and the private complainant/s (family of the victim) are relegated merely as witnesses for the state.

    however, the killer's civil liability can be settled or compromised because this is personal and the state does not have a stake in it. usually, the compromise or settlement is given effect through the execution by the private complainant of an affidavit of desistance.

    In other words, only the civil aspect of the case can be settled, and not the criminal aspect.

    but here is the problem: if the private complainant had already desisted and would no longer interested to pursue the case or testify against the murderer because he had been paid already, the obligation to go after the latter rests solely now on the shoulders of the prosecution. under our rules, the prosecution is duty- bound to prove the guilt of the accused beyond reasonable doubt because of the constitutional presumption of innocence. now, the prosecution could not possibly discharge this duty if it no longer had witnesses to present during trial. ultimately, and in the last analysis, accused is acquitted not because he didn't commit the crime but the presumption of innocence in his favor wasn't overturned by the prosecution with proof beyond reasonable doubt.

    II.

    with respect to "nasagasaan at namatay," this is actually reckless impudence resulting to homicide punishable under article 365 of the revised penal code. under the rules on evidence, this case can be settled. in fact, this is encouraged to be settled.

    III.


    Pano pag galit ako sa kamag anak ko. pinabaril ko, then kunwari demanda ko yung inutusan ko and he will pretend na babayaran na lang ako. lusot na?
    it is possible. but if i were the investigator investigating your case or the prosecutor prosecuting you, i would do my damnedest to send you to jail for the crime of murder. you for principal by inducement and the actual killer for principal by direct participation.

  5. Join Date
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    #45
    Quote Originally Posted by Vodka View Post
    LOL nagtataka kasi yung isa dyan kung "why he was issued a firearm"
    i think you didn't get mr. husain's point. he was implying that the neuro examination given to f/a license applicants is a sham. he was also asking why the police did not go to his house and take custody of his firearms if it was true that his license had already expired.

    i also took that minnesota multiphasic personality inventory and millon clinical multiaxial inventory, and through these test it will be discovered if you're a non compos mentis or whether you have homicidal tendencies.

    i agree that a firearm license applicant should undergo a rigorous neuro-pschiatric examination. and i agree that only those who have the temperament and the proper training who are entitled to carry firearms. short of that, we are encouraging walking timebombs on our streets like von tanto, sonson atienza, rolito go, and claudio teehankee jr.

  6. Join Date
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    #46
    Quote Originally Posted by Juan Martinez View Post
    very good question.

    I.
    every person criminally liable is also civilly liable.

    the criminal liability of the killer pertains to his having violated our laws on homicide or murder, which must be prosecuted by the state or the people of the philippines. on the other hand, his civil liability arises from the delict he has done to the family of the victim which he must personally pay in terms of actual and moral damages.

    generally, his criminal liability cannot be compromised or settled because crime is an outrage against the people of the philippines and the private complainant/s (family of the victim) are relegated merely as witnesses for the state.

    however, the killer's civil liability can be settled or compromised because this is personal and the state does not have a stake in it. usually, the compromise or settlement is given effect through the execution by the private complainant of an affidavit of desistance.

    In other words, only the civil aspect of the case can be settled, and not the criminal aspect.

    but here is the problem: if the private complainant had already desisted and would no longer interested to pursue the case or testify against the murderer because he had been paid already, the obligation to go after the latter rests solely now on the shoulders of the prosecution. under our rules, the prosecution is duty- bound to prove the guilt of the accused beyond reasonable doubt because of the constitutional presumption of innocence. now, the prosecution could not possibly discharge this duty if it no longer had witnesses to present during trial. ultimately, and in the last analysis, accused is acquitted not because he didn't commit the crime but the presumption of innocence in his favor wasn't overturned by the prosecution with proof beyond reasonable doubt.

    II.

    with respect to "nasagasaan at namatay," this is actually reckless impudence resulting to homicide punishable under article 365 of the revised penal code. under the rules on evidence, this case can be settled. in fact, this is encouraged to be settled.

    III.




    it is possible. but if i were the investigator investigating your case or the prosecutor prosecuting you, i would do my damnedest to send you to jail for the crime of murder. you for principal by inducement and the actual killer for principal by direct participation.
    thanks for the education.
    Quote Originally Posted by MR_BIG18 View Post
    i think murder and homicide are different kuya, walang settlement ang murder, its people vs juan dela cruz...unlike homicide example a vehicular accdent, its different...

    Sent from my SM-G935F using Tsikot Forums mobile app
    the trick is make it look like a homicide, buy a 100k worth of 2nd hand vehicle, look for a person with no connection with the mastermind, and have him "accidentally" run over the wife of the mastermind that he want to lose. when the authorities catch the driver, the husband will just ask for a fake settlement.

    Sent from my SM-N910C using Tapatalk

  7. Join Date
    Jul 2015
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    #47
    you are sick kuya..... pwede sa biyenan...

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  8. Join Date
    Oct 2008
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    205
    #48
    Quote Originally Posted by jack_husain View Post
    Who bragged that they could solve the capital's traffic problem in 6 months or 1 year?

    Why would I leave my firearm in the house if I have a PTCFOR when I paid Php12,000 for it annually?

    But by all means, if you only have a license (not ptcfor), then leave it. How much more if your license is expired.

    Criminals (killers for hire, robbers, etc) actually don't leave their firearms at home. So why would leave yours if you have the PTCFOR at home.
    Yes, I myself whenever I have PTCFOR, I'm bringing my FA with me. But once my PTCFOR expires, leave my FA and apply for a new PTCFOR, gastos nga lang.

  9. Join Date
    Feb 2014
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    #49
    latest news... nasa boracay daw si g*go

  10. Join Date
    Oct 2009
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    #50
    medyo naguguluhan ako sa pangyayari..tama ba pagkaka intindi ko.

    mag be beating the redlights itong gun man.pero ang ginawa ni naka motor hinarang niya .at huminto siya sa harapan ni gunman kaya nagalit si gunman.
    ganun ba pangyayari?

  11. Join Date
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    #51
    i think he wants to turn right...

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  12. Join Date
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    #52
    Quote Originally Posted by jaypee10 View Post
    medyo naguguluhan ako sa pangyayari..tama ba pagkaka intindi ko.

    mag be beating the redlights itong gun man.pero ang ginawa ni naka motor hinarang niya .at huminto siya sa harapan ni gunman kaya nagalit si gunman.
    ganun ba pangyayari?
    Yes. Ayon sa media reports

  13. Join Date
    Sep 2014
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    8,492
    #53
    Quote Originally Posted by jaypee10 View Post
    medyo naguguluhan ako sa pangyayari..tama ba pagkaka intindi ko.

    mag be beating the redlights itong gun man.pero ang ginawa ni naka motor hinarang niya .at huminto siya sa harapan ni gunman kaya nagalit si gunman.
    ganun ba pangyayari?


    this maybe true. kasi high risk taker sya, siguro he's playing in his head, if I beat the red light without problems, swerte ako mamya sa casino. pero kung may problems, malasin ako mamya. eh so nun ready na nya execute siguro yun test nya, bigla humarang yun motor. so how does the brain react? malas yun motor and malas na din sya mamya. kaya hindi sya nakapagpigil at sinigawan nya yun naka-motor. at si di inaashang tadhana, ma-angas din yun naka-motor. so hayun, humantong na sa ganun.

    kung tatanuningin siguro ng ibang tao, ano ba naman sya, maswerte na nga sya, naka LC na, million ang tayaan niya sa casino. pero iba talaga pag ganun ang mga klase ng tao, we can say that they are upgraded people than us.

    ngaun, bakit yun pinsan ang bumili ng wedding ring nun nabaril? accdg. to news

  14. Join Date
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    #54
    Quote Originally Posted by jaypee10 View Post
    medyo naguguluhan ako sa pangyayari..tama ba pagkaka intindi ko.

    mag be beating the redlights itong gun man.pero ang ginawa ni naka motor hinarang niya .at huminto siya sa harapan ni gunman kaya nagalit si gunman.
    ganun ba pangyayari?
    sabi sa news ang aim ng LC is to beat the red light, but the MC in front of him stopped, the LC almost hit the MC. then the LC moved a bit forward to his right opened his window at dun na nag kasagutan at nagmurahan.

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  15. Join Date
    Oct 2013
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    #55
    Quote Originally Posted by BratPAQ View Post
    sabi sa news ang aim ng LC is to beat the red light, but the MC in front of him stopped, the LC almost hit the MC. then the LC moved a bit forward to his right opened his window at dun na nag kasagutan at nagmurahan.

    Sent from my SM-N910C using Tapatalk
    Mga bagay na ganyan ang pwede magpagaan sa sentensya nya..

  16. Join Date
    Jan 2015
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    #56
    Quote Originally Posted by vvti2.0 View Post
    Mga bagay na ganyan ang pwede magpagaan sa sentensya nya..
    i don't see it as a mitigating circumstance that will extenuate his criminal liability.

    use of an unlicensed firearm in the commission of the crime of homicide or murder is an aggravating circumstance. if it was true that he had an expired license, this could be treated as an aggravating circumstance. technically, a firearm with an expired license is a loose firearm, hence, considered an unlicensed firearm.

    now, if the killing was attended with treachery, then our unsub would surely face the crime of murder, which is punishable by reclusion temporal maximum to death (but with the abolition of the death penalty, it will be commuted to reclusion perpetua).

    with the presence of aggravating circumstance of use of an unlicensed firearm, our unsub, if convicted, would be imposed with a penalty of reclusion perpetua or a period of not more than 40 years.

  17. Join Date
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    #57
    Quote Originally Posted by minicarph View Post
    kung tatanuningin siguro ng ibang tao, ano ba naman sya, maswerte na nga sya, naka LC na, million ang tayaan niya sa casino. pero iba talaga pag ganun ang mga klase ng tao, we can say that they are upgraded people than us.
    Yan na nga ang sinasabi ko OB, law of the jungle yan. Kung tarantado si XX, may mas tarantado pa sa kanya, si XY.

    Nagka-taon, nagka-tagpo. Patay isa.

    Katulad kanina, may isang Fortuner na did a sudden swerve sa intersection. Turning right pala sya, pero he is on the middle lane. Pag-GO, sabay kabig and cut on my lane. Take note, mas malaki pa ang dala kong kotse kaysa Fortuner ha, pero hindi natinag sa size ko.

    Napakamot na lang si MAPSA enforcer nung tinanong ko kung bakit hindi nya hinuli ...

    Sabi nya sa akin .. and I quote ..

    "Hayaan nyo na sir, mabubungo din yan"

    Dios Mio ...

  18. Join Date
    Feb 2014
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    #58
    typical budget SUV drivers. mostly MS and Fortuner drivers who can't even pronounce Fortuner correctly e.g. for-chooooooooooo-ner nagkaron lang ng pang down sa SUV... they think they're better than everyone else

    pinoys nawalan na talaga ng courtesy, on and off the roads

    meanwhile Fredison is probably in some obscure island or in malaysia already

  19. Join Date
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    #59
    Quote Originally Posted by Vodka View Post
    typical budget SUV drivers. mostly MS and Fortuner drivers who can't even pronounce Fortuner correctly e.g. for-chooooooooooo-ner nagkaron lang ng pang down sa SUV... they think they're better than everyone elsewe

    pinoys nawalan na talaga ng courtesy, on and off the roads

    meanwhile Fredison is probably in some obscure island or in malaysia already
    Just curious, who declared the proper pronunciation of Fortuner anyway?

    I know people who can buy a dozen Fortuners who pronounce it as For-choo-ner.

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  20. Join Date
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    #60
    Quote Originally Posted by jut703 View Post
    Just curious, who declared the proper pronunciation of Fortuner anyway?

    I know people who can buy a dozen Fortuners who pronounce it as For-choo-ner.

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    That's how I started to pronounce it and every else that I know.

    Is it supposed to be for-two-ner?

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